For children in Foster Care in the state of Massachusetts who fall into one of the below categories, a foster care review must be conducted by DCF:

• child committed by a court to the custody of the Department of Children and Family Services (DCF); or,
• a child in DCF custody due to an adoption surrender; or
• a child in DCF care due to a Voluntary Placement Agreement or as a result of a petition by a caregiver to receive a child as a foster care parent or placement; and,
• where that child is not living at home when the foster care is scheduled to occur.

How Often do Foster Care Reviews Occur?

DCF is required to conduct a foster care review within six months from a child being placed outside of their home and then every six months as long as the child or young adult is not living in their home.

Can I be Present at the Foster Care Review?

The list of individuals who may attend the foster care review is extensive, and the below list is not exclusive. Essentially, if you are on the below list, then you must be notified by DCF in writing of the fact that the Foster Care Review is occurring and of the date that it will occur.

The following is a list of all of the individuals who may attend a foster care review in Massachusetts:

• Parents, guardians (presuming that parental rights are neither terminated or surrendered, or where a parent has a history of certain types of assaultive behavior not mitigated by treatment)
• Parents attorney – although not required, the participation of your attorney is highly recommended as a child welfare attorney is going to have an understanding of DCF and how this agency’s policies, procedures and regulations governing the agency work. Contact our offices at 978-273-8337 if you have need of an attorney.
• Unwed or Putative father (where the rights of such an individual haven’t been surrendered or terminated): certain criteria must apply in order to be allowed to participate in a foster care review in Massachusetts. Contact our offices at the number above for more information.
• Child or Young Adult that is the focus of the foster care review if over 14 years of age; any person invited by the child as support (with some exceptions)
• Social Worker working with the family; also known as the ongoing social worker and including an outreach worker, and the supervisor of the social worker.
• In cases where the child is placed in a foster home, the family resource worker assigned to the foster home may attend
• Foster parents – here, you may contact our office at 978-273-8337 if you require the assistance of an attorney
• the Placement Provider for the child
• Child’s attorney or guardian ad litem, where applicable
• the attorney for DCF

When Will I be Notified of the Foster Care Review?

Per 110 CMR 6.0, the Massachusetts regulation addressing foster care reviews conducted by DCF, participants are notified of the date and time of the review 30 calendar days prior to its scheduled date. If unable to attend the foster care review, and if a person is allowed to attend such a review, that individual may submit written commentary for inclusion in the foster care review.

What Happens at a Foster Care Review?

At a foster care review conducted by DCF in Massachusetts, the action plan and any family assessment conducted is reviewed. In addition to these documents, updates to these plans and assessments are reviewed at this meeting. It is the review of the action plan that is extremely important as this review (from the perspective of the parent or guardian of the child, or even from the child’s view) may indicate a failure on the part of DCF to perform within the requirements of the action plan – which, in turn, may serve as a basis for challenging the efforts of DCF to reunify the parents with the child or the child with their parents.

The Action Plan Review

DCF must review all of the tasks, services and other supports provided to the family or child within the action plan, including:

• How DCF has acted to address the reason for DCF’s involvement
• How DCF has achieved the safety, permanency and well-being for the child or young adult
• How each parent has acted to participate in the tasks, services and supports as outlined in the action plan; here, the review will focus on whether parents have attending scheduled visits, and made efforts to alleviate danger to the child
• How the child has participated in the tasks, services and supports included in the action plan
• Any resolution or progress towards resolution of the issues as identified in the family assessment or action plan or the Foster Care Review conducted previously
• Any actions of a placement provider aimed at meeting the needs of the child
• Whether any action taken by DCF follows the reasonable and prudent parent standard
• A review of the safety of the child who is the focus of the foster care review
• A review of progress made in alleviating the causes of the need for the child’s placement
• A review of DCF’s permanency plan for the child
• Review of DCF’s proposed action plan for the next six months
• Review of the child’s medical and dental, educational needs
• Review of the opportunity to engage in developmentally or age-appropriate activity
• Review of services and supports available for a child of 14 years or older (where such services or supports are to assist the child in the transition from foster care to independent living as an adult
• for children over 17 and 1/2 that may wish to receive young adult services via DCF after turning 18 years of age, a review of such a request by a child

Foster Care Reviews are Crucial in Determining Compliance with Regulation

It should be, and often is, the goal of any participant in a foster care review to work in the best interests of the child or young adult involved. Keep in mind, however, that while each participant may be well-intentioned, it is possible that DCF may fail to meet its burden as required under Massachusetts regulation while involved with any given child. For this reason, if you do not currently have an attorney appointed by Massachusetts who is involved in your state because you do not qualify for such an appointment, you might consider working with an attorney experienced in child welfare matters. Contact our offices at 978-273-8337 for more information and to learn how such a failure may affect your chances of prevailing in a child welfare matter.

DISCLAIMER: The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site.